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Ebrahim Steel Re-Rolling Industries (Pvt.) Limited Vs. Bangladesh and others, 2010, 39 CLC (AD)
....we find no substance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 495. ......99 decreeing the suit for the sum of TK.2,42, 28,435.80 and foreclosing the mortgage. 2. The facts involved in the case, in short, are that the respondent No.4-Sonali Bank sanctioned loan of total amount of TK.80,00,000.00 to this writ-petitioner company in the year 1988 on condition amongst othe......oner could not repay the loan in due time the respondent No.4 instituted Title Suit No. 28 of 1996 against the petitioner and others in the Artha Rin Adalat No.1, Dhaka for realization of that loan money. That Title Suit was subsequently renumbered as Title Suit No. 169 of 1999. The then Chairman ..Category: Banking Law | Date: | Hits: 95
Mojibor and another Vs. Md. Nurul Islam and others, 2010, 39 CLC (AD)
....the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 467.......the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 467.......operty and thereafter, as vested and non-resident property and that the suit land has been lease out to the defendant No.2 vide VP Case No.1/Satu/81/ who has been possessing the same paying lease money to the Government and that all the papers of the plaintiff are false and as such, the suit is ..Category: Property Law | Date: | Hits: 91
Prime Finance and Investment Limited Vs. Delwar H. Khan and others, 2009, 38 CLC (AD)
....he above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 459. ......an Avenue, Gulshan-1, Dhaka. The price of the office space was fixed at TK.41,28,960.00. On 17.07.2000 the Company paid TK. 16,51,58400 as booking advance for the said office space. The rest of the amount of TK. 24,77,376.00 was payable in eight equal installments of TK. 3,09,67200 each to be paid......ondent Company as front had borrowed crores of taka from different leasing and financial institutions by fraudulent means and misappropriated the Company funds. It is further stated that although the money was procured for purchasing of machinery and other equipments there is no evidence that th..Category: Company Law | Date: | Hits: 197
Anti-Corruption Commission Vs. Dr. Muhiuddin Khan Alamgir and others, 2010, 39 CLC (AD)
....dy been acquitted on merit of the case as is in this case. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 290, VIII ADC (2011) 78. ...... of the Emergency Powers Rules, 2007. 3. The learned Special Judge, on examination of witnesses and other evidence on record, found the respondent no. 1 guilty of the charges of concealing various amounts and possessing those beyond his known source of income and on those findings, by his Judgmen......dy been acquitted on merit of the case as is in this case. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 290, VIII ADC (2011) 78. ..Category: Anti-Corruption Laws | Date: | Hits: 231
Anti Corruption Commission Vs. Shah Alam Chowdhury and others, 2007, 36 CLC (AD)
....ith as prayed for. Order of the High Court Division dated 11th November, 2007 passed in Writ Petition No.9613 of 2007 is stayed till hearing of the appeal. Ed. This Case is also Reported in: ......ort with Ramna Police Station, Dhaka Metropolitan Police, Dhaka on 15.02.2007 against the petitioner and 2 others showing the date of occurrence as 19.06.2002 alleging, inter-alia, that the 4% of the amount received against lease money of hat-bazar of the country under the Ministry of local Governme...... Dhaka Metropolitan Police, Dhaka on 15.02.2007 against the petitioner and 2 others showing the date of occurrence as 19.06.2002 alleging, inter-alia, that the 4% of the amount received against lease money of hat-bazar of the country under the Ministry of local Government are deposited with the Mukt..Category: Anti-Corruption Laws | Date: | Hits: 159
....is granted to consider the same.
Security of Tk.1,000/- is to be deposited within one month.
Preparation of paper book is dispensed with as prayed for.
Ed.
This Case is also Reported in:
......2- petitioner and 4 other officers of the company in the Court of 1st, learned Subordinate Judge, Narayanganj seeking a declaration that the gas bills for the months of February, 1998 to August, 1998 amounting to Tk.11,15,044/60 are illegal and issued without jurisdiction and not binding upon the pl......is granted to consider the same.
Security of Tk.1,000/- is to be deposited within one month.
Preparation of paper book is dispensed with as prayed for.
Ed.
This Case is also Reported in:
..
Category: Civil Law | Date: | Hits: 82
Abul Hossain Vs. State, 2008, 37 CLC (AD)
.... justified in holding that none other than the petitioner killed her. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 134....... justified in holding that none other than the petitioner killed her. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 134.......rgis Begum was sent to her father's house before the marriage under the stipulation that she would not be taken back in the house of accused Abul Houssain, but while she came back with thousands of money she was allowed to remain with them. Thereafter, the accused appellant Abul Hossain started to..Category: Criminal Law | Date: | Hits: 45
Khalilur Rahman and others Vs. Executive Engineer, Roads & Highways & others, 2007, 36 CLC (AD)
....ion money if deposited by them after de-requisition order dated 21-09-1964 illegally issued by the concerned officer, if not already withdrawn. This Case is also Reported in: 7 LG (AD) (2010) 127. ......64 restored possession of the property to the writ petitioner and he has been enjoying the same. On 04-11-1999 the Land Acquisition Officer, Brahmanbaria issued a letter to the writ petitioner to amounting to Tk. 485/- to the Deputy Commissioner through Treasury Chalan. Accordingly, on 04-11-199......exure-D to the writ petition) stating that the letter dated 04-11-1999 (Annexure-C) issued by him was cancelled and further requested the writ petitioner to withdraw/receive the refunded compensation money deposited against the de-requisition order dated 21-09-1964 in respect of Plot Nos. 353 and 36..Category: Property Law | Date: | Hits: 23
Captain (Md) Lutfar Rahman Vs. Md. Abu Taher and others, 2000, 29 CLC (HCD)
....92 of the 2nd Court of Subordinate Judge, Chittagong for pre-emption is allowed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 193. ......92 of the 2nd Court of Subordinate Judge, Chittagong for pre-emption is allowed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 193. ......in law. It has been further contended that the disputed sales were not sales proper but these were conditional sales with agreement for re-conveyance of the same to the vendors on receipt of the sale money within the stipulated time. It has been also contended by the opposite parties that the case l..Category: Property Law | Date: | Hits: 22
....rom it. Each and every judgment is to be read applicable to the particular facts proved or assumed to be proved. The generality of expression that may be found cannot be intended to be expositions of whole law but must be regarded as governed or qualified by the particular facts of the Case in which......costs.
The order of maintenance of status quo till disposal of Civil Revision Petition granted by this Court on 17-11-1999 stands vacated.
Ed.
This Case is also Reported in: 53 DLR (2001) 183.......uestion of limitation being a fundamental question. The procedure adopted by learned District Judge is wholly impermissible and cannot be approved at all. The procedure led to needless expenditure of money incurred by the parties. The time starting from admission of the appeal till the recording of ..
Category: Limitation Law | Date: | Hits: 152
Dr SKM Joynal Abedin Vs. Bangladesh, 2010, 39 CLC (AD)
....n to get the order of injunction and rightly rejected the same. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 143.......d inserting therein the figures "730.20sq yards" in place of the figures "533.33 sq yards" wherever it occurs in the said deed on payment of a sum of Taka 26,572.25 to the Government-defendant or the amount which the Court may assess as the valuation of the land measuring 196.87 sq. yards (730.20 mi......n to get the order of injunction and rightly rejected the same. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 143...Category: Property Law | Date: | Hits: 44
Korban Ali Khan (Md) and Others Vs. Asalat Khan and others, 2000, 29 CLC (HCD)
....in Miscellaneous Case No. 11 of 1988 passed by this Court at the time of issuance of the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 53 DLR (2001) 176. ......es made the purchase and pre-emptee No. 5 is only a co sharer by inheritance of the Case land, the purchase made by pre-emptee Nos. 1-4, who are strangers are very much pre-emptible and this will not amount to partial pre-emption. In support of his submission the learned Advocate has relied on the C......land to the pre-emptees by a kabala dated 4-2-1998 at a total consideration of Taka 20,000.00 and pre-emptors accordingly, filed the Case for pre-emption of the Case land upon deposit of compensation money at the rate of five per centum of the consideration money. 3. The pre-emptees contested the..Category: Property Law | Date: | Hits: 31
Daily Star and Prothom Alo Patrika Vs. State, 2001, 30 CLC (HCD)
..... 1-5, 9-1-2001 for examination of witness No. 6-10, 10-1-2001 for examination of witnesses No.15 of the charge-sheet but prosecution did not produce any witness on those dates as well. 8. The whole trend, tenor and contents of the articles tend to reveal the real facts of a sensational Case ......l of Police, Bangladesh. The office is directed to transmit the record along with a copy of the judgment by a special messenger. Ed. This Case is also Reported in: 53 DLR (2001) 155. ......pector Ziaul Hasan, went to her residence and offered taka ten lac to withdraw the Case; that the lawyer and the brother came to her and asked her to change her story slightly in Court in exchange of money; that Qamrul Islam admitted that he had told Halima to keep away as he said he had been so bus..Category: Criminal Law | Date: | Hits: 189
Hasibur Rahman (Md) Vs. Shakila Begum and another, 2000, 29 CLC (HCD)
.... Order of stay granted in Civil Revision Petition stands vacated. No costs. Send down the LCR as immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 152. ...... Judgment AK Badrul Huq J.- Feeling aggrieved by a decision rendered by appellate Judge in a family Appeal where under maintaining decision recorded by Family Judge in a Family Suit enhanced amount of maintenance of plaintiff and her minor child on reversing decision rendered by Family Judg......e parties of Civil Revision petition as plaintiffs impleading petitioner and his father as First and Second defendants laid a suit being Family Suit No. 26 of 1982 in Family Court, Bagerhat for dower money and maintenance with contentions that First plaintiff was married to First defendant through a..Category: Family Law | Date: | Hits: 152
Syed Mustafizur Rahman Vs. State, 2001, 30 CLC (HCD)
....tion Case I am not inclined to enter into the merit of the Case. 10. In the instant Case it is held that as the sanction to prosecute the appellant is found to be no sanction in the eye of law the whole prosecution is found to be without jurisdiction and, as such, order of conviction and sentence......uld be a speaking order and it cannot be just a mechanical order. He further argued that the sanction order which was produced does not refer to the facts of the Case particularly the misappropriated amount and the goods received and manner of misappropriation, and the date of misappropriation and s......arge leveled against him and he is acquitted of the charges. Let him be discharged from the bail bond. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 125. ..Category: Criminal Law | Date: | Hits: 42
Hussain Mohammad Ershad Vs. State and others, 2000, 29 CLC (AD)
....the order of the accused No.1 and not on the order of Rowshan Ershad, alleged chairperson of JPL which would have been the normal course, or in other words, accused No.1 played the active role in the whole drama of getting the plot of land and constructing the Janata Tower thereon. 32. We, theref......uniary advantage for his wife accused No.3 Rawshan Ershad and thereby committed an offence of misconduct under section 5(1) (d) of the Prevention of Corruption Act of 1947 and that further he paid an amount of taka six and half crore for the construction of a building called Janata Tower which amoun......ignature is proved by PW 10 and marked Exhibit 42/82. 13-9-1989 Allotment letters were issued. 18-9-1989 Accused No.10 Shahinur Islam, used No.17 Aktara Begum and one Sadeq deposited the entire lease money of Taka 23,22,600. 19-9-1989 Possession of plot No.49 was delivered to accused Nos.10 and 17 a..Category: Property Law | Date: | Hits: 33
Ali Azam, Advocate Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
.... in favour of the assessee applicant. Accordingly, the reference is answered aforesaid and the parties will bear their own costs. Ed. This Case is also Reported in: 53 DLR (2001) 92. ......ommissioner of Taxes did not at all take into consideration the fact that the applicant lives in his own house with a single servant and enjoys paddy grown in his agricultural land and spends a small amount for daily necessaries of life. The learned Advocate also submits that in other Cases the Trib...... in favour of the assessee applicant. Accordingly, the reference is answered aforesaid and the parties will bear their own costs. Ed. This Case is also Reported in: 53 DLR (2001) 92. ..Category: Fiscal/Taxation Law | Date: | Hits: 67
Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)
....s pursuant to the letter dated 16-4-1998. With the aforesaid directions the application is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 81. ......making payment of loan to BSRS and the liability increased from Taka 363 crore in 1984 to Taka 9,49,47,195.00 by the end of 1997. The petitioner and her husband respondent No. 3 invested considerable amount of money to set up their own poultry and poultry hatchery. They imported 3 incubators and 3 h......ment of loan to BSRS and the liability increased from Taka 363 crore in 1984 to Taka 9,49,47,195.00 by the end of 1997. The petitioner and her husband respondent No. 3 invested considerable amount of money to set up their own poultry and poultry hatchery. They imported 3 incubators and 3 hatchers fr..Category: Business or Commercial Law | Date: | Hits: 198
Shafiqur Rahman Vs. Bangladesh Jatiya Samabaya Bank, 2000, 29 CLC (HCD)
....ting Court at once. The order of stay granted earlier by this Court at the time of issuance of the Rule is hereby re-called and vacated. Ed. This Case is also Reported in: 53 DLR (2001) 78. ......ting Court at once. The order of stay granted earlier by this Court at the time of issuance of the Rule is hereby re-called and vacated. Ed. This Case is also Reported in: 53 DLR (2001) 78. ......Court, Subordinate Judge and Commercial Court No.1 at Dhaka in Money Execution Case No. 76 of 1985. 2. It appears from the record that opposite party Bangladesh Jatiya Samabaya Bank obtained a money decree dated 05-09-56 for Taka 49,604.08 in Money Suit No. 13 of 1956 against the petitioner a..Category: Civil Law | Date: | Hits: 82
Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....r held in the said decision that when a statute uses the word ‘shall’ prima fade it is mandatory but the Court may ascertain the real intention of the legislature by carefully attending to the whole scope of the statute. He refers to the provision of Act 24 of 1970 as amended vide President......stressed families in the place of their original abode. Under the scheme, the Krishi Bank provides for transportation of these families to their respective place of residence and offer them loan, the amount of which varied depending on their need and occupation they want to adopt.” We are i......p the petitioners in any way in the above context. In the result the Rule is accordingly disposed of with the above observations. Ed. This Case is also Reported in: 53 DLR (2001) 63. ..Category: Property Law | Date: | Hits: 60
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